Legal Question - Holding a Shotgun for a Friend

[mattio41 0]

I have a friend who has owned his shotgun (.410) since he was a young boy. He does not currently have a FID card. His family brought the shotgun with them when they moved from Florida approx 30 years ago.

 

Currently he is "STUCK" in a relationship, that he would like to have the firearm removed from the house. But would like to be able to regain possession when the situation is all clear.

 

Is there any law against me going and picking up the gun, and sticking it in my safe for safe keeping. And then when the time is right, return it to him??

[1563621 388]

I would do a COE.

[olderguy 0]

If it were mine to do, I would both fill out the COE transferring the shotgun to you, indicating where his FID is required a note as to his circumstances of ownership. Put it in your safe and return it on a COE only after he has obtained an FID.

 

I am not a lawyer nor expert, but given the circumstance, this is what I would do.

[mattio41 0]

I thought about doing the same thing. My question becomes, if he wants it back before he gets his FID. Then what? Once we transfer to me, it is legally mine. Where as if no COE, I am only in possession, but do not legally own??

[maintenanceguy 510]

I wouldn't do a transfer because I couldn't legally transfer it back without him getting an FID. He doesn't need an FID to just continue to own it.

 

If this is the kind of friend I really trust, I would let him borrow space in my safe. Who's gonna know?

 

But, since he's the kind of friend that needs to get a gun out of his house for some reason that involves a relationship, I smell drama. I don't participate in drama and sure wouldn't participate in drama that involves guns.

[mattio41 0]

If this is the kind of friend I really trust, I would let him borrow space in my safe. Who's gonna know?

 

But, since he's the kind of friend that needs to get a gun out of his house for some reason that involves a relationship, I smell drama. I don't participate in drama and sure wouldn't participate in drama that involves guns.

 

He's My brother from another Mother. Best friend of more then 20 years..

[olderguy 0]

I wouldn't do a transfer because I couldn't legally transfer it back without him getting an FID. He doesn't need an FID to just continue to own it.

 

If this is the kind of friend I really trust, I would let him borrow space in my safe. Who's gonna know?

 

But, since he's the kind of friend that needs to get a gun out of his house for some reason that involves a relationship, I smell drama. I don't participate in drama and sure wouldn't participate in drama that involves guns.

 

I agree with your view on the "drama", and would stay away from it myself.

 

If you knowingly let him transport it to your safe and then knowingly allowed him to remove it and transport it to wherever, I think you would be an accessory to his illegal transport of a firearm if something did go awry.

[olderguy 0]

He's My brother from another Mother. Best friend of more then 20 years..

 

Then he should trust that you would return it to him on a COE after he gets his FID and not put you in jeopardy

[johnp 45]

Legal answer: have him sell you the shotgun for $1, fill out COEs, and you take possession of it and lock it in your safe. Once you friend figures out his problems and obtains an FPID card, you can sell it back to him for $1 and do COEs.

 

 

The friend answer: if he is stuck in a relationship with some crazy broad, have him bring the shotgun and lock it in your safe. And just give it back to him after he settles everything. If you are really worried about black helicopters and SP raids because of one shotgun, have him buy one of those cheap stack-on safes, and let him store the safe in your basement/garage, so technically it is out of his house but you can't open it and take possession of the gun.

[junkmanted 54]

some things need to be talked about between friends and family

[msokad 3]

Unless it's a brother from the same mother, I would still do a COE and legal transfer. That will cover everyones butt should the drama get worse. Once the drama has finished, and he has his FID, you can transfer it back to him.

 

I can't tell you how many stories I've heard though out the years where it starts with "I was just trying to help a friend" and the person trying to help gets screwed. Let me clarify by saying I don't think your friend will do anything to cause a problem for you, but the other half might.

[Night Prowler 0]

Do the COE to put it in your name and make sure he understands you will only return it after he has a FID. this way you are both covered and should have no worries. As long as he understands you will not return it till he is legally able to accept it neither of you will be in a jam. It might be worth talking about what to do with it if for some reason he was denied his FID. Just to avoid issues between the the two of you in the future.

It's a tough spot your in. You want to help him out but don't want to get yourself jammed up. Good luck!

[mattio41 0]

What if I just "Borrow" it for a period of time...

[msokad 3]

I guess the best piece of advice I can give you is are you willing to bet your firearms on it should the cops get involved and they find out this was not a legal transfer? Friend or family I'm not willing to lose mine over a favor.

[mattio41 0]

COE's it is based on everybody's opinions.. Thanks guys

[mattio41 0]

Further conversation... I spoke with my FFL in regards to this.

 

His advise, was to dismantle the firearm. I should take barrels and other parts, thus making it inoperable. He maintains the receiver in his possession. No transfer is required, I am only holding "Parts" in my possession...

 

Because the other question was. Can a Non FID holder transfer a long gun to a FID holder without going through a FFL.

[Jon 264]

The FFL's idea is your best option by far.

 

Because the other question was. Can a Non FID holder transfer a long gun to a FID holder without going through a FFL.

 

They absolutely can.

[Night Prowler 0]

"Borrowing" does not work. If its in your name, it's your responsibility.

[mattio41 0]

"Borrowing" does not work. If its in your name, it's your responsibility.

 

Agreed, that falls under the "Temporary Transfer" Aspect. We just made it simple. We just removed his bolt, leaving it inoperable, this way, we do not need to worry about any kind of transfer back and forth..

[M4BGRINGO 139]

COE's can be lost in boating accidents too..............

[Night Prowler 0]

 

Agreed, that falls under the "Temporary Transfer" Aspect. We just made it simple. We just removed his bolt, leaving it inoperable, this way, we do not need to worry about any kind of transfer back and forth..

Don't quote me on this one but I seem to remember reading somewhere that if you were getting work done at an FFL and a certain amount of time passed, that you would have to be run in NICS to get your firearm back. Don't hold me to this but just giving you a heads up. Even though you have the shotgun and he has the bolt, I could still see this as an issue by knowingly giving back a firearm without an FID card. If its in your safe its in your possession. Depending what this girl knows and how much of a PIA she wants to be, she could still make tons of problems for the both of you. Even if you "rented" space to your buddy to store a cheap safe, he could still get screwed because he has access to it. Now again if she knows about the shotgun and wants to be a **** she can and probably will be spiteful and make life a living hell for the both of you.

[mattio41 0]

Actually, He has the Shotgun, I only have the bolt. Thus him never relinquishing possession of the actual gun. I am only in possession of a part. This was there was no actual transfer.

[Walt of Destiny 412]

I'm assuming this is a priceless, irreplaceable family heirloom.

[mattio41 0]

I'm assuming this is a priceless, irreplaceable family heirloom.

 

His childhood firearm that his father gave him who has since past. Which makes it Priceless.

 

Would that make it priceless to you?

[Damjan 73]

 

 

His childhood firearm that his father gave him who has since past. Which makes it Priceless.

 

Would that make it priceless to you?

1. Tell ur brother to dump her ( i know you told him but do it again ).

2.Tell him to wire himself with a recorder when then broad claims domestic violence during the breakup process.

[Walt of Destiny 412]

 

 

His childhood firearm that his father gave him who has since past. Which makes it Priceless.

 

Would that make it priceless to you?

 

Dude, it was not a sarcastic question. I was being straightforward. I assumed that the hoops this ridiculous state makes you go through would only be considered for something important.

 

I still have the Ruger single-six .22/.22Mag my dad bought for me when I graduated grammar school. It says on the barrel, "Made in the 200th year of American Liberty." I admire it like Midas' treasure every chance I get. So I feel for your friend and his issue.

 

 

[Damjan 73]

Just an afterthought. I see you solved the problem somewhat , but maybe your brother should look into the storage possibility.

It was discussed in another thread.

 

https://firearmssupportandstorage.com/storage/

[Avi 12]

No you dont have to do anything transfer of long guns is not regulated, you only need a coe if you are becoming the new owner not if your just borrowing it, thats essentially what your doing

[mandec 0]

Just an afterthought. I see you solved the problem somewhat , but maybe your brother should look into the storage possibility.

It was discussed in another thread.

 

https://firearmssupp...ge.com/storage/

Was about to post the same thing, I have read good things about their storage services.